• Journal of Legislation Research
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• no.44
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• pp.487-538
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• 2013

It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

• Korean Journal of Social Welfare Studies
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• v.48 no.3
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• pp.171-208
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• 2017

The purpose of this study is to classify the underlying and parsimonious types of child maltreatment and examine whether the effects of risk factors on child maltreatment recurrence differ by type of maltreatment. We utilized the multiyear national administrative data from the National Child Maltreatment Information System collected by Child Protection Agency in Korea. Of 26,921 child maltreatment victims reported and substantiated on or after January 1, 2012, 1,447 children who had recurrence of child maltreatment until December 31, 2015 were selected as maltreatment recurrence group and 4,580 children who had not experienced maltreatment since first substantiation were assigned as maltreatment non-recurrence group. Latent class analysis(LCA) and latent transition analysis(LTA) were used to group children with similar maltreatment subtypes into discrete classes of child maltreatment recurrence. Logistic regression is employed to examine the association between the child maltreatment predominant types and risk factors for recurrence. Results of LCA and LTA showed four latent classes representing predominant type of child maltreatment: 'physical abuse predominant type', 'emotional abuse predominant type', 'sexual abuse predominant type', and 'neglect type'. Significant differences in the effect of risk factors among latent classes were found in child's age and gender, perpetrator's gender, family poverty, biological parent as the perpetrator, domestic violence toward partner, perpetrator's alcoholic problem, insufficient parenting skills, and out-of-home care service, Based on these findings, results suggested how the typology can be used to guide decision about who to target in prevention and intervention programs, and which features of risk factors to target. Practice and policy implications as well as further research tasks were discussed in the lights of searching for useful and important strategies to prevent recurrence of child maltreatment.

• Korean Journal of Social Welfare Studies
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• v.49 no.2
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• pp.125-157
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• 2018

In the reality that the seriousness and concern about the youth problem is increasing, this study focuses on the vision plan project supporting the NEET youth in the social welfare field. Therefore, this study analyzed how the social workers recognized the NEET problem before participating in the project, what difficulties they experienced in the process of the project, and how they coped with these difficulties. The results of the study are as follows. Social workers were saddened by the seriousness of the youth problem before their participation, but they recognized that there was no way to solve it and many social workers were not fully aware of the youth or NEET issues. In this context, in the course of running a project with NEET youth, social workers experienced difficulties due to the nature of the NEET youth, difficulty in forming a relationship with NEET youth, and difficulties for young people not to spend time in the program. And social workers also faced difficulties due to the lack of know-how in the project, difficulties in operating the center alone, and difficulty in achieving employment goals. In the process of coping with these difficulties, social workers have actively sought, persuaded and supported the NEET youths to participate in the project, adapted the time, place and method to the youth, and removed the stigmatization element in the project. They also worked closely with local residents, local institutions and municipalities, formed networks, and changed the viewpoint of providing work experience rather than getting young people, but seeing long-term outcome. As a result, social workers have experienced not only individual change but also social welfare organization, field, community and local institutional change. Based on these results, this study suggested that the social welfare practice field should provide various activities in the process of supporting the youth gap year policy. In addition, this study suggests that the social workers play a role in connecting various actors rather than suppliers when working with young people, and that the social welfare field should expand the scope of project to include youth.

• Korean Journal of Social Welfare Studies
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• v.47 no.1
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• pp.29-56
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• 2016

The purpose of this study is first, to explore the level of codependency among social work related professionals since codependency of professionals in the field has not been explored much in Korea. Second purpose is to examine whether codependency affects the level of burnout. Last purpose is to examine moderating effects of the Sex-role attitude on the relationship between codependency and burnout. Data were collected from the 11th of December in 2014 until the 28th of February in the following year. Self-administered questionnaires were distributed to care professionals practicing in social work institutions in Daejeon City and Choongcheong province, via email and mail. In addition, surveys were administered at several continuing education training venues. Instruments used for this study include CODAT(Codependency Assessment Tool) developed by Hughes-Hammer and colleagues in 1998, MBI(Maslach Burnout Inventory) developed by Maslach and Jackson in 1981, and SRA(Sex Role Attitude) developed by Osmond and Maryin in 1975. In total, 368 surveys were used for final analysis. The results include that gender did not have statistically significant relationship with the overall codependency, however, male showed statistically higher score than female in one of subscales of codependency called hiding oneself. Workers in the residential settings showed higher level of codependency than those in non-residential settings, especially in the subscale of Other focus or Self-neglect. Codependency showed a strong relationship with Burnout. Among the five-factor structure of the CODAT, Medical problem, Low Self-worth and Family of Origin showed strong relationship with the Burnout score. And the moderating effects of Sex-role Attitude showed a statistically significant relationship between codependency and burnout. Conservative sex-role attitude amplified the level of burnout on the relationship between codependency and burnout. Based on the result, educational and policy implications were made in order to prevent burnout among social work related professionals.

• Journal of Korea Port Economic Association
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• v.34 no.4
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• pp.191-208
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• 2018

This paper focuses on the integration aspect of operators to determine an improvement strategy for the operating system to enhance competitiveness of Busan Port. This Study proposes the following alternatives: valuation standards for the integration of operators, the road map for the integration period, the scope and role setting of integrated operators' participation of Busan Port Authority(BPA), and the separation and linkage North Port and the New Port operators. First, the valuation standards for operator integration should be based on international standards. Additionally quantitative factors such as financial situation, business performance and participating companies' profitability, and the qualitative factors such as management ability, technology, and labor relations should be considered. Second, the timing of North Port's operator integration should be prioritized in the short term in conjunction with the commencement of its phase 2-4, 2-5, and 2-6. The integration of New Port operators should provide a road map for a relatively long-term perspective. Third, the participation of BPA' integrated operators should be considered in terms of publicity as a policy coordinator between terminals and by pursuing the profitability of entering into overseas business by fostering Korean global terminal operators. The scope and role of participation ensures that the experience and technology of the terminal operation business is maximized. Fourth, because physically intergrating the North Port' operator into a single corporate form is difficult, initially establishing a special purpose company to maximize the effect of the integrated operation is necessary. Then, the operators decided to convert to a holding company given the termination of the lease term contract with the State or BPA, and ultimately proposed a merger into a single corporation.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.14 no.5
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• pp.93-104
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• 2019

The entrepreneurship can be a source of national growth potential as behavioral tendencies of people who seek innovation, take risks of failure, and proactively respond to opportunities. In particular, in the economic situation of Korea where growth has been stagnated, it is necessary to strengthen the entrepreneurship of women which is relatively lower than men's in order to activate the start-up and economic participation of the whole people. In this regard, this study focuses not only on gender differences in entrepreneurship but also on the hidden impact of social contexts that cause gender differences in entrepreneurship. Specifically, this study examined the moderating effects of childbirth, a factor that reflects the social context of Korea in the relationship between gender and entrepreneurship. According to the results of the model that includes the interaction effect of these variables in addition to the independent effects of gender and childbirth, the gender effect disappeared, while the significant effect of both the childbirth variable and the interaction variable of gender and childbirth were confirmed. Furthermore, according to additional analysis, which identified the differences in entrepreneurship by creating four types of treatment groups based on gender and childbirth status, entrepreneurship was significantly lower in the 'female and childbirth' group than in all other groups. The difference between the remaining treatment groups was not statistically significant. These results indicate that differences in entrepreneurship levels between men and women overlap not with the unique trait of men and women, but with the social contextual effects of Korea, where women are under the full burden of childbirth and parenting. This study suggests implications that effective policy measures to promote women's entrepreneurship or economic activity should be taken by taking into account the social context of Korea that suppresses women's entrepreneurial behavior.

• Journal of Korea Port Economic Association
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• v.34 no.4
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• pp.141-160
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• 2018

In this paper, to analyze the perception and response strategy of Korean ship owners on Global Sulphur Cap 2020, examined the IMO environmental regulation status focusing on MARPOL Annex VI regulation about air pollution prevention, technological measures to reduce SOx emission, shipping industry and management status of Korean ship owners. First of all, the questionnaire was conducted for Korean ship owners after selecting the evaluation factors. The purpose of this study was to investigate the difference of the perception and response strategy of Korean ship owners by corporation size and main vessel type using frequency and cross analysis. It is confirmed that various researches on SOx emission reduction have been carried out from various points of view at home and abroad. In this study, existing studies related to technical factors for regulatory response and economics analysis were examined and evaluation factors were selected. As a result of analysis, it is found that large-sized shipping companies are more prepared for regulatory response than small and medium-sized bulk carrier owners. There were similar perception and the direction of response strategy about the impacts by corporation size and main vessel type. In about two years to be implemented in 2020, It is necessary to find an appropriate response strategy based on the support policy of the government and related organizations and the systematic analysis of the ship owners. Through this study, although the difference between the perception and response strategy of the ship owners by corporation size and main vessel type was understood, it was found that there were limitations on specific response strategy and corporate data collection. In future research, we should overcome the limitations of this study and conduct an in-depth study.

• Journal of Korea Port Economic Association
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• v.30 no.1
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• pp.175-194
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• 2014

Because the thawing of the Arctic ocean is slowly accelerating due to global warming, recently exploring resources in Arctic ocean and transporting resources by using the North Pole route have been getting spotlight. Since the original route transported by the Suez Canal from Korea to Europe could be shorten about 8,000km in distance(decreased about 38% compared to the original route), which means shortening about 10 voyage dates, it is expected to bring huge logistics cost reduction. Once the North Pole route is commercialized successfully, it would be one of the most important variables that affects future of Busan port and guides for economic development of Busan. Therefore, the purpose of this study is to analyze Busan port and the economic growth of Busan area by researching promising industry, based on the effect of freight transporting by the Northern sea route on the economy of Busan. For this study, questionnaire surveys and interviews were conducted for 64 people of experts in the shipping and port industry, relevant government, and academics. The survey finding shows that port logistics industry is a promising business in Busan in terms of its growth and competitiveness. It is necessary to develop feeder network facilities that prepare for commercialization of the Northern sea route as a short and medium term plan and provide professional manpower training in polar regions. Ship supply business would also play an important role. It is identified that revitalization of shipbuilding and ocean plant industry should be done in terms of Arctic business. With regard to the fishery industry it is found that modernization of fishery ship and development of fishery equipment used in polar areas should be carried out.

• Journal of Korea Port Economic Association
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• v.25 no.3
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• pp.139-164
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• 2009

The purpose of this paper is to investigate the value chain efficiency of Korean port investment by using the newly developed multi-year and multi-stage value chain efficiency model of DEA(Data Envelopment Analysis). Inputs[port investment amount, cargo handling capacity, and berthing capacity], and outputs[cargo handling amount, number of ship calls, revenue, and score of customer service satisfaction] are used during 14 years(1994-2007) for 20 Korean seaports by using two kinds of DEA models. Empirical main results are as follows: First, Model 1 shows that the ranking order of multi-stage value chain efficiency is Stage 2, Stage 3-1, Stage 1, and Stage 3-2. And according to the value chain average efficiency scores, ranking order is stages 2, 1, 3-1, and 3-2. In Model 2, 3(Incheon, Mogpo, and Jeju) out of 9 ports show the ranking order of Stages 2, 3-2, 3-1, and 1. And value chain average efficiency scores rank in order of Stages 2, 3-2, 3-1, and 1. Second, the difference among the value chain efficiency scores of each stage comes from the efficiency deterioration of all ports except Stages 2 and 1 in Model 1. In Model 2, value chain efficiency scores among the Stages 3-1, 3-2 compared to Stage 1 were deteriorated. The main policy implication based on the findings of this study is that the manager of port investment and management of Ministry of Land, Transport and Maritime Affairs in Korea should introduce the multi-year, multi-stage value chain efficiency method for deciding the port investment amount and evaluating the effect of port investment after considering the empirical results of this paper carefully.

• Journal of Fisheries and Marine Sciences Education
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• v.3 no.2
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• pp.73-82
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• 1991

In recent years, the communication and the trade between the Republic of Korea(South Korea) and the Communist bloc has been activated. The simultaneous entrance of South Korea and North Korea to the United Nations will accelerate the political dialogue and also the trade which is indirectly carried out through a third country at present will be turned into direct way. Fisheries products are also treated as one of the important trade goods and there is a hopeful prospect that the amount of trade will be steeply increased in the near future. Furthermore, there is a great possibility of development up to the joint utilization of fishing grounds or the joint investment in fisheries projects. Concerning such points, since it is very much important to understand the present status of fisheries in North Korea, the author made a study on this field as requested by the Board of Unification, and report a part of the study here. The prominent character of North Korea's ruling sea area is that the sea is completely separated into two regions-the East Sea Region and the West Sea Region-and no continuity exists between them. The East Sea Region locates in the fringe of the biggest fishing ground of the world-the North Pacific Ocean-and very rich in resources not only warm water fishes but also cold water fishes. Especially alaska pollack, Theragra chalcogramma, is caught abundantly in this region. Contrary to that, fishing activity in the West Sea Region seems to be interrupted in winter. Even though some valuable warm water fishes-yellow corvenia, Pseudosciaena manchurica, and hair tail, Trichiurus lepturus, and so forth-come to this region from spring to summer along the coast line of this region for spawning, and vigorous fishing activity is carried out. But the most of them migrate southward to the neighboring waters of Cheju Island for wintering from autumn to winter, and so the fishing activity in this region seems to be interrupted greatly during winter. The total number of fishing boats in North Korea is estimated at 36 thousand and the rate of mechnization at about 70% compared with 99 thousand and 78% in South Korea. North Korea proclaimed an exclusive economic zone of 200 nautical miles in 1977. Specific character of this zone is setting of military boundary zone, up to 50 miles from the base line in the East Sea Region and also it covers whole region of the economic zone in the West Sea Region. Especially in the East Sea Region she set up a straight base line which can not be permissible by the international law. North Korea's statistics on fisheries product has not been announced officially on account of her unique isolationism, but it can be estimated through several data procured. At the first, the amount of fisheries products in the North Korea is reported as about 1.7 million ${\frac{M}{T}}$ by Fisheries Statistics which issued by the FAO in 1987, but a North Korea's trade organization announced the amount as 3.5 million ${\frac{M}{T}}$ in 1988. The former seems to be underestimated and the latter must be an exaggeration. According to Chikuni, who is a Japanese worker for FAO, prepared the unofficial statistics based on the evidence which he collected through the fineries development plan of the FAO/UNDP, and estimated the mean amount between 1982 and 1984 was 2.4 million ${\frac{M}{T}}$ or so. The Board of Unification estimated on the basis of various factors that the amount was 2.2 million ${\frac{M}{T}}$ or so in 1987 and in 1988. This seems to be the most reasonable. To solve the chronic lack of foreign currency, North Korea makes effort on the development of fisheries, and has even aimed fisheries product at 11 million ${\frac{M}{T}}$ by 1993, but this target looks unrealistic under the present circumstances. Somehow, we can exploit her extreme policy which has gone so far as to establish such an excessive and impractical target. Nevertheless this will be helpful to promote the joint development of the fishery activity between South Korea and North Korea.